Orissa High Court
Surya Jyoti Dash vs State Of Odisha & Another .... Opp. ... on 17 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2801 of 2024
Surya Jyoti Dash .... Petitioner
Mr. Saket
Kanungo,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.S.J.Mohanty,
ASC & Mr.
Rashmi Ranjan
Sinha, Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 17.04.2025
04.
1.
Heard.
2. At the instance of the opposite party No.2, the
F.I.R. in connection with Cuttack Mahila P.S. Case
No.115 of 2023 corresponding to C.T. Case No.193 of
2023 came to be registered against the petitioner on
for the alleged commission of offences punishable
under Sections 498-A/294/494/506/34 of the IPC
r/w Sections 3(1)(r)(s)/3(2)(va) of the SC & ST (PoA)
Act, pending in the Court of learned Special Court, SC
& ST (PoA) Act, Cuttack.
3. The opposite party No.2 reported to police alleging
therein that, the petitioner and the opposite party No.2
have been in love relationship since the year 2009.
After four years, both of them got married in a temple
and executed a "Deed for Declaration of Marriage
before the Notary Public on 19.02.2013. It is alleged
that, the opposite party No.2 has been subjected to
torture both physically and mentally by the petitioner
and her in-laws on demand of more dowry. Hence, the
F.I.R.
4. After the investigation, the charge sheet was filed
in the present case on 14.02.2024 for the alleged
commission of the offences punishable under Sections
498-A/294/506 of the IPC r/w Sections 3(1) (r) (s) / 3
(2)(va) of the SC & ST (PoA) Act.
5. The learned trial Court, vide its order dated
05.04.2024, has taken the cognizance of the offences
punishable under Sections 498-A/294/506 of the IPC
r/w Sections 3(1) (r) (s) / 3 (2)(va) of the SC & ST (PoA)
Act.
6. The petitioner approached this Court by filing the
present petition seeking quashing of the cognizance
order.
7. The notice was issued to the opposite parties by
this Court vide order dated 04.09.2024. Subsequently
on 14.02.2025 the matter was referred to the Orissa
High Court Mediation Centre for exploring possibility
of settlement between the parties.
8. The petitioner and the opposite party No.2 had
participated in the mediation process, which came out
to be successful. The Orissa High Court Mediation
Centre vide its letter dated 07.04.2025 has placed on
record the mediation report dated 05.04.2025. The
mediation report reads as under:
"Pursuant to the order of the Hon'ble High Court
dtd.14.02.2025, the undersigned was appointed as
mediator by the Coordinator of the Centre for
settlement of the dispute between the parties.
Today, both the petitioner and the Opp. party No.2
are present along with their respective counsels at
High Court of Orissa Mediation Centre, Aain Seva
Bhawan, CDA, Cuttack.
During the course of mediation both parties agreed
to settle their dispute between them as per the
following terms and conditions:-
1. That, the opp. party No.2 namely Smitarani Behera
is agreed to receive Rs.10,00,000/-(Rupees Ten lakh
only) towards the full and final amount of settlement of
the dispute.
2. That, the amount shall be paid by the petitioner to
the opp. party No.2 in shape of Demand Draft from any
Nationalized Bank on the date of final
hearing/quashing of the above proceeding before the
Hon'ble High Court.
3. That, the opp. party No.2 undertakes not to claim
anything more in future from the petitioner in any
manner.
4. That, it is agreed by both the parties, after
settlement of this case no one shall interfere in their
personal life by the respective parties.
5. That, the terms and conditions are being read over
by both the parties in presence of their respective
counsels and admit the terms and conditions of
settlement as per their wish and they agreed to abide
by the terms and conditions and thereafter they signed
in my presence.
Accordingly, the present case Mediation Proceeding is
successful."
9. The petitioner is ready to pay Rs.10,00,000/-
(Rupees ten lakhs) towards the full and final
settlement of the dispute. Today, learned counsel for
the petitioner handed over a Demand Draft of
Rs.10,00,000/- (Rupees ten lakhs) of the State Bank of
India bearing No.474856 to the learned counsel for the
opposite party No.2 in compliance to the terms of the
settlement as reflected in the mediation report. The
mediation report, which has been reproduced above,
shall form part of the present order.
10. Learned counsel for the parties, on instruction
conjointly submits that both the parties are bound by
the obligation flowing from the mediation report and
they shall comply with the same. They also submit
that, the cognizance order dated 05.04.2024 arising
out of the F.I.R. in connection with Cuttack Mahila
P.S. Case No.115 of 2023 corresponding to C.T. Case
No.193 of 2023 may be quashed.
11. Regard being had to the fact that the mediation
between the parties became successful and according
to the terms of the mediation report, the petitioner
paid entire agreed amount by way of Demand Draft of
Rs.10,00,000/- (Rupees ten lakhs) to the learned
counsel for the opposite party No.2 towards the full
and final settlement of the dispute, I am inclined to
allow the present petition. In the fact scenario of the
present case, subjecting the petitioner to the rigors of
trial is destined to be a futile exercise. The present
case is squarely covered by the judgments of the
Hon'ble Supreme Court in the cases of Gian Singh v.
State of Punjab and another, reported in 2012 (10)
SCC 303; B.S. Joshi & others v. State of Haryana
& another, reported in (2003) 4 SCC 675 and
Madhavrao Jiwajirao Scindia & another v.
Sambhajirao Chandrojirao Angre and others,
reported in AIR 1988 SC 709, therefore, the petition
deserves merit.
12. Taking into consideration the aforementioned
judgments, the facts of the case and submissions
made at the Bar, the F.I.R. in connection with Cuttack
Mahila P.S. Case No.115 of 2023 corresponding to C.T.
Case No.193 of 2023 pending in the Court of learned
Special Court, SC & ST (PoA) Act, Cuttack and the
consequential proceedings arising therefrom qua the
petitioner are quashed.
13. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Digitally Signed Subhasis
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 18-Apr-2025 12:11:41
